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Tuesday, January 25, 2022

Will Joe Manchin donate billions of lawyers to sue small businesses in West Virginia?

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Negotiations between the Biden administration and Joe Manchin, a 50-50 vacillating Democrat in the US Senate, are reportedly not going well, which is likely to decide the fate of the $ 5 trillion Build Back Better presidential bill.

Manchin’s stated fears were focused on the volume of spending on the bill during a period of growing and persistent inflation, but the specifics of the legislation in its current form are riddled with controversial provisions. These range from the highest taxes since Jimmy Carter, including a 37 percent tax on capital gains against entrepreneurship, to new incentives that expand the federal government’s sphere of influence over parenting, to social security designed to support unprofitable left. -wing media.

It’s just a taste of what’s on the bill. One of its most egregious features is the $ 2.5 billion giveaway to forensic attorneys, and perhaps this is where we find out if Manchin is really a Mountain State man, as he claims, or a swamp creature from D.C.

The BBB will allow litigation lawyers throughout the country to deduct their incidental expenses, whether they lose or win (even if winning a lawsuit means getting a large percentage of the cash award, usually 30-40 percent). The Joint Tax Committee estimates taxpayer spending over ten years at $ 2.5 billion.

With this subsidy, litigation attorneys will more often than ever take frivolous action, especially against small businesses that lack the resources to defend, who will have a strong incentive to cry, uncle, and take it easy.

But it is not the sadistic impulse to suck entrepreneurs into protracted court cases that is the Democrats’ main motive. Trial lawyers are one of the main sources of income for the Democratic Party. Giving taxpayer cash to plaintiffs ‘lawyers is a means to fill Democrats’ coffers and perpetuate their political power at a time when their policies are failing and tilting farther to the left than ever.

Manchin himself is no stranger to looting trial lawyers. The Political Action Committee of the American Justice Association (formerly the American Litigation Bar Association, a more honest moniker), whose mission is naturally to prevent tort reform at all costs, has donated thousands of dollars to Manchin’s campaign fund. … The far left complains that after securities and investment firms, “overall, lawyers and law firms represent the second largest donation to the Manchin campaign committee and the PAC leadership … totaling more than $ 822,000 in contributions since 2015” as reports the socialist commentary site Jacobin. noted with reference to data collected by Open Secrets.

Manchin’s younger cousin Timothy J. Manchin was president of the West Virginia Litigation Lawyers Association and today boasts “successfully achieving maximum compensation” at his 10-year-old Manchin Injury Law Group in Fairmont, West Virginia. In 2015, the company was involved in the $ 2.4 billion settlement of a Takeda Pharmaceuticals dispute over a warning about the side effects of its Actos diabetes drug. The lesser Manchin is a state representative from the same American Justice Association and a member of the West Virginia House of Delegates. more than ten years, having risen to the chair of the judicial committee.

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West Virginia, one of the few states with no interim courts of appeal, has been named by Tiger Joyce, president of the American Delinquent Reform Association, “the worst litigation hole in the country.” The atrocious state litigation narrated by Roman Stauffer, executive director of West Virginia Citizens Against Litigation Abuse, involved a legally blind person suing a bicycle rental company after an accident, and a brief breach of the security of a patient’s medical record. in which the Plaintiffs Counsel class appeared to have admitted that there was no evidence of access to any of his clients’ medical information.

But four recent laws signed by Republican Gov. Jim Justice are changing the environment, and according to Joyce, “West Virginians will benefit from a more efficient and balanced legal system for years to come, thanks to the progress made this year.”

However, in an ominous manner, Senator Manchin voted in June in favor of the Fair Pay Act, which promises to make it easier to “facilitate the participation of an injured worker in class action lawsuits that challenge systematic pay discrimination.” But, according to the House of Representatives Committee on Labor and Education of the Republican Party of Virginia Fox of North Carolina, “rather than treating allegations of pay discrimination with the seriousness they deserve, the so-called Pay Fair Pay Act is intended to make it easier the task of lawyers is to bring more claims of dubious reality in order to siphon unlimited salaries from the calculations and awards of the jury, fill their own pockets and drag women through tedious, endless legal proceedings. “

A deal with Manchin and Senator Kirsten Cinema, another hesitant Democrat, now seems unlikely until January. One overlooked question is how much of Manchin’s objection goes beyond the bill’s widely-emphasized cost to its monstrous details. In the end, will he side with the small West Virginia businesses and employees who depend on them for their livelihoods, or with the national trial attorneys in the more than 30 states whose checks he cashed?

To follow

Thomas McArdle was a White House speechwriter for President George W. Bush and writes for IssuesInsights.com

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